if my husband was paying his car and he dies what happens? where to get an attorney

Contact Probate Court and attorney. A car title cannot be transferred until the probate is completed, so the executor or administrator of the deceased should contact Probate Court or an attorney as soon as possible to receive further instruction.

Full Answer

What happens to a car loan when a spouse dies?

State Intestacy Statutes. If you die without a will or trust, you die intestate. State laws determine who inherits estate assets in intestate estates. Not all assets pass through the estate, however, even if you die intestate. For example, if you own a vehicle with another person as joint tenants, the other joint owner becomes the sole owner of ...

Do you need an attorney to transfer a car after death?

Jan 15, 2022 · Step 3: Verify credit life insurance or the estate’s ability to pay down the loan. You may learn more about your deceased loved one’s overall financial picture as the estate settles. The owner of the car may have purchased credit life insurance on the car loan. This insurance offers a death benefit that helps pay off a car loan when someone ...

Do I have to pay my deceased spouse's debts?

In most cases you will not be responsible to pay off your deceased spouse's debts. As a general rule, no one else is obligated to pay the debt of a person who has died. There are some exceptions and the exceptions vary by state.

Can I Sell my deceased spouse’s car?

Feb 09, 2013 · No - "death" is a "default" under the terms of most car financing agreements - so the balance is due anyway - and you need to keep the vehicle insured under most such financing arrangements - there are other reasons why it does not make sense to do so - without the bank's blessing - one of them is insurance - if the owner is deceased, I doubt that coverage under the …

Can you transfer a car title without probate?

The process of transferring the title of a vehicle without probate varies depending on what state you live in. Most states require the deceased individual’s property not to exceed a certain amount and it to be a certain amount of time since the person has passed away before the transfer of the title can be initiated.

What happens after a person dies?

After a person passes away, it is often a challenge for loved ones to figure out what happens next. In addition to the emotional and mental distress of losing someone, there are added challenges when it comes to handling everything the deceased person left behind.

How to transfer a car title to a deceased person?

If the vehicle is part of a probated estate, follow these steps to transfer the car title of a deceased person: 1. Contact Probate Court and attorney. A car title cannot be transferred until the proba te is completed, so the executor or administrator of the deceased should contact Probate Court or an attorney as soon as possible to receive further ...

Can a deceased person get possession of a vehicle?

This does not mean that the vehicle is gifted to that person, however. If there is no probate on the deceased person’s belongings , the beneficiary can use an affidavit in order to obtain possession of the vehicle. In most states, you can find the Affidavit for Transfer of Personal Property form online.

What is probate in a will?

Probate is a legal process that involves administering the estate of the individual who has passed away. It typically happens when there is no living spouse or beneficiary listed on the will. A probate proves that the last will and testament is legitimate, checking out the deceased person’s assets and property.

What happens if you die without a will?

If you die without a will or trust, you die intestate. State laws determine who inherits estate assets in intestate estates. Not all assets pass through the estate, however, even if you die intestate. For example, if you own a vehicle with another person as joint tenants, the other joint owner becomes the sole owner of the vehicle when you die.

What happens if you don't have a spouse?

In general, if you have a spouse but do not have children, your spouse is entitled to your vehicle and any other estate property when you die. If you are not married but have children, your children inherit your assets.

Can you divide your estate between your spouse and your children?

In some states , if you have a spouse and have children with your spouse, or if you have a spouse and also have children from a previous relationship, the law may divide your estate between your spouse and children. Your state's laws might be entirely different.

What is the estate of a deceased person?

Your estate includes all the assets you own (that are not held in trust) and any outstanding debts when you die. The estate is responsible for paying your debts if the total assets are greater than the total debts. Anything that remains goes to the designated beneficiaries through a court process called probate.

Can you repossess a car if you don't make payments?

Most car loans are secured, which means the lender might attempt to repossess the car if you’re not making payments on it. Continue to make payments so you don’t default on the loan and trigger a potential repossession. Your ultimate goal might be to sell the car, but no matter what, it’s best to avoid repossession.

Can an estate be refinanced?

Sometimes the estate may not be enough to pay all debts, including the car loan. You may want to refinance for more favorable terms before you assume full responsibility for the loan. This may include an entirely new loan, but knowing what your options are may help you to afford the new monthly payments.

Can a company repossess a car?

The company may take steps to repossess the car but they aren’t allowed to indefinitely call you if you’ve asked for the calls to stop. Post-planning tip: If you are the executor for a deceased loved one, handling their unfinished business can be overwhelming without a way to organize your process.

How to contact a debt collector?

It depends. Here is when you can be contacted: 1 A debt collector is allowed to contact the deceased person’s spouse looking for the person authorized to pay the deceased spouse’s debts, such as the executor or administrator of the estate. Although the debt collector may communicate with you about the debt, it is not allowed to represent that you are responsible for paying the debt with your own assets unless there are specific circumstances that make you legally obligated for the debt, such as if you were a cosigner or joint accountholder. 2 If you were a cosigner or otherwise legally obligated for your deceased spouse’s debts. 3 If you live in a community property state, you may be responsible for paying the debt with community assets, but you should consult an attorney to understand your rights and obligations. 4 If you are the executor or administrator of the deceased person’s estate, collectors can contact you to discuss the deceased person’s debts and payments from the estate. Collectors may not state or imply that you are personally responsible for paying the person’s debts from your own assets, unless there are specific circumstances, such as being a co-signer, that make you legally obligated for the debt. 5 If you are not the executor or administrator, you may wish to tell the debt collector who the executor is.

What is joint account holder?

A joint account holder is different from an “authorized user.”. An authorized user is not usually responsible for the amount owed. If state law requires a spouse to pay a particular type of debt. If state law requires the executor or administrator of the deceased person’s estate to pay an outstanding bill out of property ...

Can a debt collector harass you?

Also, under the Fair Debt Collection Practices Act (FDCPA), debt collectors may not harass, oppress, or abuse you or any third parties they contact.

Can a debt collector report my spouse's debts?

Generally, no. The creditor or debt collector should not report your spouse’s debts to a credit reporting company under your name unless you: were a joint account holder; co-signed for the loan, account, or debt; or live in a community property state. If a debt collector improperly reports your spouse’s debts under your name to a credit reporting company, you should contact that company and dispute the information.

What states have community property?

The community property states include Alaska (if a special agreement is signed), Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Unless there is an exception, you do not have to take responsibility for the debt of the deceased person.

What are non-probate assets?

For example, a payable on death (POD) bank account passes directly to whomever the decedent named as the beneficiary. Similarly, any assets held in living trust pass directly to the beneficiaries according to the trust agreement. Other non-probate assets include: 1 Real property held jointly with rights of survivorship 2 Investment accounts, including stocks, bonds, and mutual funds 3 Life insurance proceeds 4 Retirement accounts

What is expedited process?

To qualify for an expedited process, an estate's value generally must fall under a certain dollar amount. In addition, many states also require that each named beneficiary unanimously agree to the expedited process. In some states, when the surviving spouse is both the executor and the only named beneficiary in the deceased's spouse's will, ...

Can a spouse be the executor of a will?

Generally, the surviving spouse must admit the will to the probate court in order to determine its validity.

Can a deceased spouse use a will?

Some states allow the surviving spouse to petition the probate court to use the deceased spouse's will as evidence that certain property now becomes the surviving spouse's property. If the probate court grants the petition, the will and the court order then become official records of transfer.

What is probate court?

Probate is the state-level court process of administering and distributing a decedent's estate. Typically, a probate court distributes assets according to a person's last will and testament. However, even if a person dies intestate (without a will), their estate goes through probate and is distributed according to the state's intestate succession ...

How long does it take to get an estate probated?

Estates that Qualify for Expedited Probate. The probate process can often take many months and can be quite expensive, especially if the decedent's estate is large and complex. As a result, many states have created more streamlined processes for smaller, less complicated estates.

Do you have to go through probate if you have a will?

Generally, a person's estate must go through the probate process regardless of whether they had a will and regardless of whether they were married. However, there are certain assets that, even if included in a will, are exempt from the probate process. In addition, the majority of states have expedited probate processes for certain qualified ...

What happens if you don't have a will?

If there is no will, TOD addendum, or a JWROS designation, you will have to go through probate court to attain the authority to sell the vehicle. If there is a general consensus among the living heirs of the deceased that you should take ownership of the car, you can list it for sale immediately after acquiring the appropriate documentation for your state—most likely a death certificate and a letter from the probate judge.

How to sell a car with a lien?

If the car has a lien, you’ll need to pay off the balance before taking any of the steps listed above to sell the car. Once you pay off the car’s loan, the financial institution that issued that loan will provide you with a clear title. If there is no lien, you still need the title, but it doesn’t need to be in your name. Instead, after you have made the sale, just sign the back of the title as if you own the vehicle and next to your name write “executor for the estate of [deceased family member’s name].” The buyer will then take the title to register the car at their local DMV office, and the state will issue a new title in their name. Before selling, you will also need to cancel any insurance on the car. The insurance company may ask for a copy of the death certificate and the letter of testamentary.

How to sell a deceased family member's car?

Being thorough and organized is key to selling a deceased family member’s car. If there is a will, a Transfer on Death addendum on the title, or a joint title for the car, selling a loved one’s car can be simple and straightforward. Research the laws in your state and make copies of all legal documents. Taking care of these details will help you navigate the legal process, ease your stress, and sell the vehicle.

Can you sell a car if you have a will?

If the will names you as the executor of the estate, you can legally sell the car . The probate court (the state-run agency that handles inheritance) will issue what is known as “letters testamentary,” which give the recipient the authority to act on behalf of the estate, meaning they can sell the vehicle, among other items left behind.

Scott Richard Kaufman

1- Sorry for your loss.#N#2- It's entirely possible that the loan related to the lease had life insurance on it. Check with the lender...

George Ellis Corson IV

It depends. They cannot keep the car and collect the full lease contract. They might be able to enforce the the few months of accrued payments, and any excessive wear. It is unlikely that they lost 12,000 of value when you returned the vehicle, unless it was a Mercedes SL63 or Tesla Roadster.

Joshua Thomas Keleske

In order to retitle your husband's assets, you will be required to commence a probate proceeding. The type of proceeding will depend on the value of his individually owned assets. You will be well served to meet with an attorney to discuss the specifics of this matter.#N#More

Dennis Michael Phillips

The probate system is designed for really two reasons:#N#1. to re-title assets#N#2. to give creditors one last chance to collect.#N#I recommend that you hire a local probate attorney to help you.